Voluntary Manslaughter vs. Murder in Massachusetts

Voluntary Manslaughter vs. Murder in Massachusetts

Posted By
Jesse Adams

The criminal justice system recognizes more than one form of murder, separating
them into two different categories: manslaughter and murder.
Manslaughter can be either voluntary or involuntary, though both charges are treated
less egregiously than murder. Here is how the law distinguishes the two:

Manslaughter

Voluntary manslaughter is defined in one of two ways:

While in the heat of an argument, or while under duress, a defendant was
provoked and killed someone.

Someone was killed during mutual combat.

In determining whether or not a death qualifies as murder or manslaughter,
the court considers many factors, including provocation, anger, premeditation,
and timing. This last element is the most critical. If the murder occurred
in the heat of passion, the defendant might be charged with manslaughter
instead of murder. If a person got angry during an argument, left, and
returned with a weapon to kill that individual, he or she would likely
be charged with murder instead of manslaughter. The difference between
the two examples is that, in the second one, the individual had time to
consider his or her actions.

Murder

Murder is generally defined as the premeditated and intentional killing
of another individual. Like manslaughter, there is a lesser charge for
those who do not commit the act with premeditation. Second degree murder
is a death that occurs as part of a felony crime, such as rape or robbery,
and is otherwise known as felony murder.

Northampton Criminal Defense Attorney

If you have been charged with a violent crime, such as murder or manslaughter,
you are already keenly aware of how serious this matter is. The consequences
of a conviction can alter a person’s life forever, leading to extensive
imprisonment, parole or probation, mandatory counseling or anger management,
and a permanent criminal record. You do not have to face this alone.

At The Law Offices of Jesse Adams, Jesse Adams is dedicated to fighting
for the rights and freedom of his clients. Do not leave your future up
to chance.